Parting
Thoughts

Change
Comes Slowly

By
Douglas V. Van Dyk

Thank
God we die. Our prejudices die when we die. So you say, 'Great! There is
hope!' You might, on the other hand, be a bit more proactive. You might
say, for example, that the Oregon bar, with its good sense of how to change
things, should speed up the process. It could try to end subtle and overt discrimination
within this profession. With its many agents of change, it might just be able
to squash the awkward, the inadvertent, the stupid and the intentional things
some folks do that hurt and divide people of different immutable characteristics.
Surely the bar has the skill.

On
Nov. 15, 2001, beginning at 8 a.m., at the Portland Hilton, lawyers from around
the state will gather to design and drive a big stake through the heart of prejudice
in the Oregon legal community. It's being called 'A Convocation on Equality.'
It's a big word - convocation - because it's a big idea.

The
convocation started with this statement of its mission:

'We
envision an Oregon State Bar that has eliminated barriers to the practice
of law for racial and ethnic minorities. We understand that such barriers
may be subtle and difficult to remove. We also understand that removing them
will require the sustained, organized effort of many lawyers. The purpose
of the convocation on Equality is to identify the barriers, establish the
best means of overcoming them and to organize toward accomplishing that end.'

The
goal of the convocation is to identify and recommend adoption of 'best
practices' for the OSB on four topics relevant to increasing opportunities
for minority lawyers: large firm recruitment and retention; small firm recruitment
and retention; mentoring; and networking. Some of Oregon's best lawyers have
been meeting for the past year to identify the best practices. Each of the four
groups addressed a 'Statement of the Problem and Purpose.' Here are
some excerpts:

Large
Firm Recruiting and Retention: 'Many large firms are struggling to diversify.
Reasons appear to be several. . . . . Social relationships advance or limit
opportunities within firms. Lawyers of color may suffer isolation due to awkwardness
or inadvertence of white lawyers. White lawyers may be reluctant to offer
criticism out of fear of being misunderstood. Developing a client base may
be hampered without a social network in the community (and many lawyers of
color come from outside the area). . . . Lawyers of color who survive the
gauntlet of the first few years of practice are quite often recruited into
other industries that also seek diversity.'

Small/Medium-Sized
Firm Recruitment and Retention: 'Many small and mid-size firms provide
the best opportunities for the Oregon bar to diversify. Such firms often value
relevant skills differently than large firms, sometimes placing as much importance
upon industry or business experience and social skills as upon the prospective
lawyer's rank in class or relative strength of law school. Yet the small and
medium sized firms often do not have the personnel or financial resources
available to target and recruit lawyers of color. . . . .'

The
Mentoring Committee: 'Successful mentoring relationships enhance opportunities
for professional success. As a bar association, a clear view of what works
and what does not work in this context may help the bar succeed in its efforts
to attract and retain lawyers of color in Oregon. . . . .'

Networking
Committee: 'Many lawyers of color attempting to establish a law practice
in Oregon originate from outside the state. These lawyers may not have contacts
and friends in the area who can help build the client base. Lawyers of color
who come from within the state may also lack business or social contacts with
people or businesses that can afford legal services. Lawyers who lack such
social and business contacts may also develop a sense of personal isolation
that may cause the lawyer to leave Oregon.'

What
might be an example of best practices? The Networking Committee is considering
a best practice aimed at regularly sponsoring social events with other professional
and business associations (accountants, trade associations and the like) to
create opportunities for minority lawyers to develop business leads and professional
relationships. The Large Firm Recruiting and Retention Committee is considering
this recommended best practice:

'Incorporate
diversity goals into each firm's strategic plan and have management and partners
participate in diversity training and discussions of issues of race.'

Is
this just another example of being 'full of high sentence but a bit obtuse?'
Maybe. But what does your cynical mind think will happen if the large firms
actually adopt diversity goals, require annual reports under the goals and require
that a certain percentage of firm lawyers participate each year in programs
with in-depth discussions of race? These are among the strategies for implementation
of the best practice quoted above.

Remember,
change comes slowly.

These
best practices that may well lead to a more diverse Oregon bar. If these and
other practices are implemented, then maybe, just maybe, our noble and learned
profession will have among its members noble and learned lawyers who communicate
very well with (and on behalf of) persons of different backgrounds and experiences,
both because our membership includes such persons, and because, unlike some
cultures, our profession is quite at ease with the differences among us.

Planners
anticipate that the lawyers and law firms in attendance will come out of the
convocation having made commitments to take specific actions toward implementation
of the best practices. There will be follow-up by bar staff and committee members
to track the efforts at implementation. The goal is to make things change. Slowly,
things will change.

And
we don't have to wait until we die to make things change.

ABOUT
THE AUTHOR

The
author is a shareholder in the law firm of Jordan Schrader in Portland. His
practice emphasizes construction law.